SchoemanLaw Inc
Is business rescue possible after final liquidation?
3rd July 2015 The Companies Act 71 of 2008, in section 131(6) provides that a court may order that business rescue proceedings commence after a final order of... →
Prescription of a vindicatory claim
By: Creamer Media Reporter 8th June 2015 In terms of the Prescription Act, Act 68 of 1969, a debt prescribes three years from when the debt becomes due and payable. In the recent case of... →
Estate duty abatement
6th May 2015 In terms of the Estate Duty Act, Act 45 of 1955 as amended (‘the Act’), an amount of R3.5-milion can be deducted from the nett value of the... →
Decisions decisions, what will I do?
13th March 2015 The Minister of Finance Nene, in his first Budget Speech announced that section 8C of the Income Tax Act (The Act) would be amended to deal with... →
Is there a duty on the seller to return the deposit and transfer duty paid upon the cancellation of the sale? 
6th February 2015 1In Royal Anthem Investments, a dispute arose with regards to a written agreement of sale concluded by the parties on 1 June 2009. Yuen Fan Lau and... →
Do shareholders also have a fiduciary duty?
19th January 2015 A company is a juristic person that is separate from its members or shareholders. Section 19 (1) of the Companies Act, Act 71 of 2008 (hereafter... →
Pyramid schemes and unjustified enrichment
8th December 2014 Trustees, Estate Whitehead v Dumas the court had to decide whether an investor, Dumas, who had by way of a fraudulent misrepresentation invested... →
A comparison between the repealed Companies Act and the Companies Act 71 of 2008
10th November 2014 In order to understand the rationale behind the requirement as set out in Section 11(3) (b) of the Companies Act 71 of 2008, a comparison has to be... →
